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080999 ws/rm min.5O E718671 MINUTES City Commission, Sanford, Florida P~M.;;3WDRK SESSION: AUGUST 9 t The City Commission of the City of Sanford, Florida met in Work Session on Monday, August 9, 1999, at 3:30 P.M. in the City Manager's Conference Room, Sanford City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Brady Lessard Commissioner A. A. McClanahan City Attorney William L. Colbert City Manager Anthony VanDenvorp City Clerk Janet R. Dougherty The Chairman called the meeting to order. Employee of the Month Award. Mayor Dale presented Cynthia Porter with the Employee of the Month Award for August, 1999. Wyman Fields Foundation - Preliminary Concept Plan of The ltamlet. City Manager VanDerworp reported the City Commission previously reviewed and commented on the Preliminary Concept Plan for The Hamlet, and itemized several areas for Staff to review for compliance with the Oasis Planned Development Master Plan. Upon review, Staff determined several areas were not compatible with the Oasis Plan. Attorney George Wallace, representing the Wyman Fields Foundation, was present to discuss the deficiencies of The Hamlet Plan to the Oasis Plan as determined by Staff. Renderings of the proposed community were displayed for the Commission's preview. Mr. Wallace said the Preliminary Concept Plan of The Hamlet has been revised. He said The Hamlet will be a gated community, the roads will not be dedicated to the public, and the multi-family area will be privately maintained. There will be a SherifFs office substation which will be permanently manned. He said the Planning & Zoning Commission approved a 1.5 parking lot variance for the multi-family area. There had been a variance to the 35' height requirement requested, however, one will not be necessary. A waiver of one recreational vehicle storage space per 25 units had been requested, however, one is not needed, because The Hamlet multi-family lease provisions can stipulate off-site parking of RV's, and single family homes or unit ownerships can have conditions of deed restrictions that would not allow on-site RV parking. A waiver has been requested for reduced parking requirements for senior apartments to be 1½ spaces per unit instead of 2. The City's Land Development Regulations indicate that density in a PD is calculated based upon the overall residential acreage and overall residential units. He said The Hamlet Plan is ten percent below the density approved for the Oasis Plan, so the overall impact on the community, including the adjacent land owners, would be significantly less. The required ninety-foot setback on Brisson Avenue and the seventy-five foot setback line and the fifty-foot right-of-way line on Celery Avenue are reflected on the plans submitted to the City. Traffic circulation has been modified to provide two access points on Brisson Avenue: one for the single family residential area and one for the rental area of the project. The community area provides eat-in pavilions on the retention "lake" across from the club house. The Hamlet could comply with a buffer consistent with the New Tribes Mission so there is a look of uniformity. The buffers and setbacks are provided on the plans submitted. Mr. Wallace said information has been regarding meeting the LDR, and The Hamlet is willing to comply immediately in order to obtain approval of the requested project. Mr. Wallace said the project is considered a cutting-edge housing project for the developmentally challenged and the elde~y and is being watched nation wide. Ms. Birle said The Hamlet is a chartered member of Neighbor Works which was chartered by Congress in 1979 19 99 E718672 MINUTES City COmmission, Sanford, Florida 3:30 P.M. ~/ORK S~.SSIOBI /~IJGIJST 9 51 1999 for communities that impact the overall neighborhoods in which they are built. The Hamlet will be on brochures and national fliers and will provide a positive impact for Sanford at the State and National level. The American Communities Fund, a division ofFannie Mac in Washington, D.C., is providing funding in the amount of four million dollars for The Hamlet. There are private investors who are purchasing seventeen million dollars in bonds. The Hamlet community is going to be a success and a positive impact on the City of Sanford. The Hamlet has a partnership with The United Arts of Central Florida, the Southem Ballet, and the Civic Theater. Performances will be in the theater to be built on the County portion of the project. The Hamlet has a contract to purchase the historic house and property on the comer of Brisson Avenue and Celery Avenue which will be renovated and used as offices and a preview center for The Hamlet. Once The Hamlet is completely sold and leased, it will be used as an open house for historical preservation. The Hamlet will provide special needs housing for the disabled and the developmentally and physically challenged. The Hamlet should not impact City services. The project will be privately owned and gated, and maintenance of the streets and ponds will be provided by The Hamlet. There will be two transportation vans provided to reduce the traffic. The Center for Independent Living will have an office in The Hamlet family center. The Seminole County SherifFs Department will man a 4,500 square foot Community Sendee Station to be located in the family community center. Commissioner Williams said it is important for the City to embrace an initiative that would result in improving the quality of life for all people. Mayor Dale said that for many years Sanford has taken care of all the subsidized housing for Seminole County and a lot of Central Florida, and that Sanford needs a dose of prosperity and doesn't need to encourage and import poverty. Ms. Birle said The Hamlet is not high scale but is not importing poverty. The price of homes and rent is market rate and requires a minimum of income of $38,000. to qualify. Commissioner McClanahan said the project should be developed in accordance with the City's Code and requirements and Staff recommendations, and not be designated as affordable housing. Commissioner Eckstein said there should be more single family housing developments in Sanford and that the project is workable if more single family homes are available for ownership. Commissioner Lessard said he doesn't think the City could afford the Oasis PD, and The Hamlet is a deviation which further jeopardizes the City's position, and he doesn't think the City can afford the density of the project. Ms. Bide said The Hamlet will be a mixed income community that will have low, moderate, high income, and affordable housing. Mr. Wallace said other than the height and parking variances, the concern from Staff' s standpoint is the mix that makes the City feel The Hamlet doesn't comply with the Oasis Plan. The concern regarding the buffering and retention ponds can be addressed by a boundary similar to that of New Tribes Mission. Phase 2 of the drawing submitted for approval indicates 120 family rental town homes. If The Hamlet was to change those units to home ownership units, then the mixture of The Hamlet project would be within decimal points of the Oasis Plan. After discussion, Mr. Wallace requested The Hamlet be removed from tonight's Regular Meeting and be rescheduled to the Work Session in two weeks so a plan can be submitted which complies with the Land Development Regulations and the Oasis Plan. The Commission concurred. 52 E718672 MINUTES City Commission, Sanford, Florida 3: 30 P.M. WORK SESSION AUGUST 9 1999 South Shore Club. City Manager VanDerworp reported he received a letter today from City Attorney Colbert addressing the package of information from Attorney Sid Vihlen III which is included in the Agenda package; it was distributed to the Commission prior to the Work Session. He said the City Attorney would address the letter at the appropriate time. Sid Vihlen introduced Andre Hickman, President of South Shore Club, son of Dr. Jim Hickman, deceased. Also present was Attorney Sid Vihlen, lII, representing the Hickman family. Mr. Vihlen stated he received a letter from Mr. Colbert regarding the South Shore Club lease and the arrearage of $110,000. A comprehensive letter was transmitted to Mayor Dale and the City Commission from Attorney Sid XFnhlen, HI, offering payment and offering to develop the property and include City property in the development. Mr. Xr/hlen said the Commission discussed this item and he received a letter from the City Manager stating the payment orS110,000. was due, plus interest. The comprehensive report presented by Attorney Vihlen was prepared to give a history and understanding of the South Shore Club lease. He said the purpose of being present today is to work with the City to conclude the matter. Attorney Vihlen said the purpose of the Comprehensive Report was to allow the Commission to see his perspective of the lease. He said the Principals of South Shore Club, Inc. were, and continue to be, willing to work with the City to resolve the issue of the annual payments, however, it is the position of South Shore Club that is has never been a party to any agreement obligating it to make the annual payments, and that the agreement to pay was made by Robert Feather. Mayor Dale said the position of the Commission is to disagree with the position of South Shore Club, on behalf of City Attorney Colbert. Andre Hickman said he asked Attorney Xrzhlen to reevaluate the position of South Shore Club regarding the debt of Bud Feather. He said it is the opinion of Attorney Vihlen that South Shore Club doesn't owe anything and that the debt belongs to Bud Feather, not to the property. He said he wants to avoid court and is willing to work out the situation. He said he can't afford to pay $110,000., or $250,000., which includes the accrued interest. Attorney Vihlen said he mentioned in his letter to the Mayor and Commission that a potential final resolution would be to discuss the potential purchase of the City' s adjacent property, with some consideration being paid in addition to the purchase price, or, if the means exist, having the City participate and include both properties in a development plan, with South Shore Club being responsible for the costs of securing all necessary approvals and for the development of the site. City Attorney Colbert said he helped draf~ the original documents between the City and Mr. Feather and has participated in this matter all the way through. He said in 1990 some issues were presented and argument was made to the City that the agreement was not enforceable because it lacked consideration and because the covenants didn't run with the land. Aeter research, he presented a five-page legal opinion and the legal issues went away. South Shore' s previous position was that the site was non-permitableand non-buildable because the site had been filled and possibly contaminated. Subsequent investigation and analysis proved that position to be unfounded. Mr. Colbert said in 1993 there was discussion with Attorney Vihlen regarding these issues, and his notes reflect Attorney Vihlen was to get back with him in thirty days, and he has received no further correspondence until he received the Comprehensive Report included in today' s Agenda. He said zoning of a piece of property cannot be tied to settlement; nor can the potential sale of a piece of property to an individual party be tied to settlement of a debt. If the City has surplus property, there is a procedure to follow to resolve that. His recollection of instructions given by the Commission is that the debt needs to be resolved and then a mechanism worked out to assess the overall situation and then E718672 MINUTES City Commission, Sanford, Florida 3:30 P.bl. IqORK SESSTOh] /~LIGUST 9 53 1999 proceed. Legally, there is still an impediment on the title, and even if payment of $110,000. was made today there would still be a payment of $10,000. due each year until, as the covenants in the agreement say, the property is improved to a specific project and a certificate of occupancy is issued. It is important to understand that zoning and sale of the property are different matters and should be addressed independently. Commissioner MeClanahan said the Commission could address a settlement figure up to this point and add a stipulation that would eliminate future accrual. City Manager VanDerworp said the underlying presumption regarding what the original deal was for, i.e., a certain type of development proposal that is consistent with the planning and zoning, could be addressed. After discussion, the Commission concurred that South Shore Club prepare a proposal and present it to Mayor Dale, City Manager VanDerworp, and the City Attorney, if needed. The proposal will be presented to the Commission who will decide whether to accept the proposal. Presentation of the City of Sanford financial report for quarter ending 6/30/99. Donna Watt, F'mance Director, reported that revenues are ahead of projections [Commissioner Lessard left the meeting.] forthe year and 85% of operating revenues have been collected. Expenditures in the General Fund are on schedule. Excess revenues at the end of twelve months will go to reserves. A thorough analysis of the Solid Waste Fund [Commissioner McClanahan briefly left the meeting and returned. ] [ Commissioner Eckstein left the meeting. ] reflects approximately $775,000. in cask and revenues average approximately $260,000. per month. The fees to the hauler are between $180,000. and $185,000. per month. Revenue funds in the amount of $632,871. have been transferred to the General Fund for the liability for the closure of the Art Lane landfill. The Solid Waste Fund will be handled in the Public Works Budget next year. The Stormwater Fund reflects operating expenditures in the amount of $1,985,353. and includes expenditures for projects which will be shown as capital assets at year end. The Stormwater Fund reflects operating revenue in the amount of $1,121,770. The Water and Sewer revenue reflects $6,987,033~ and expenditures reflect $7,388,501., however, the capital projects budgeted for and brought forward from last year in the amount of $2,880,390. will be shown as capital assets at year end. The revenue funds for Water Impact Fees reflect $491,529. and Sewer Impact Fees reflect $1,117.392., however, debt service is paid from these fees. The Law Enforcement Trust Fund assets reflect approximately $200,000., however, SRO's are paid from this fund; SRO expense for next year is approximately $135,000., so there is a little excess in the fund. The projected revenue for Local Option Gas Tax is $575,000, and $630,000. has been received to date. By year end the revenue from LOGT should be approximately $755,000. and will be carded forward next year for paving and resurfacing projects. [Commissioner Eckstein returned.] Recreation, Police & Fire Facility Impact Fee Funds reflect combined revenue in the amount of $313,646. Ad valorem tax revenue for the Seminole Towne Center Community Redevelopment Agency is $390,507 and cash is $66,449. Ad valorem tax revenue for the Waterfront Community Re, development Agency is $76,986. and cash is $189,169. The assets in the Insurance Internal Service Fund reflect $1,657,917. Premiums are transferred to this fund to pay claims through the Florida League of Cities or Workers Compensation. Expenditures and transfers from this fund reflect $208,289. Workers Compensation claims paid this year total $459,048.18. The Cemetery Trust Fund reflects assets of $374,381. The Termination Benefit Reserve Fund assets reflect $191,817. Lake Monroe SeawaR Design Study - Phase 2. Richard Jarmakowicz, Regional Manager, Teng & Associates, reported the Condition Assessment Study of the E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION AUGUST 9 19 99 Lake Monroe Seawall identified five deficient areas. The most critical area was at the end of Memorial Park where there are failed sheets and significant soil loss. The second most critical area is a failed section near Mill Creek. He recommended replacement of both of the most critical areas as soon as possible. The seawall was constructed in the twenties and water leaking through the seawall caused corrosion. There are indications of weakening of the concrete of the entire wall, with the exception of the Marina area. He recommended replacement of most of the old seawall from Mill Creek to Mellonville Avenue, including remaining sections of Memorial Park. The Marina is considerably newer, having been constructed in the sixties, however, joint material has been washed away and needs repair. There are stormwater outfalls which need repair, and are presently being repaired by City Staff. The estimated costs associated with the repair or replacement are as follows: Memorial Park, $220,000.; 17 & 92 and Seminole Boulevard, $52,000.; most of the old seawall, 7,588 linear feet from Mill Creek to Mellonville Avenue, including remaining sections of Memorial Park, $3,400,000.; and the Marina Island, $230,000. The recommended material for repair of Memorial Park is aluminum or steel sheeting with tie backs and pouring a concrete cap around the perimeter. The recommended material for the failed section at 17-92 and Seminole Boulevard is aluminum sheeting. There are two options to repair most of the old seawall, one of which is to repair by sealing the joints and strengthening the walls with steel or aluminum tie backs at intervals along the length of the wall and jet grouting with concrete behind the wall and will cost $1,900,000. Option two is replacement of the wall by placing aluminum sheeting in front of the wall, placing tie backs, and filling the void with concrete and will cost $3,400,000. The recommendation to repair the Marina section is to hand patch the joints above the water line which will cost $25,000. and could be handled by City Staff. [Commissioner Lessard returned.] Paulette Fiske, Senior Water Resource Engineer, Teng & Associates, said that permits required are: St. Johns River Water Management District - Environmental Resource Permit; Florida Department of Environmental Protection - should be exempt from permitting but will need to submit a letter with photos, plans, etc. to receive a letter of exemption, US Army Corps of Engineers - ifFDEP roles exemption, COE will follow the FDEP exemption, the US Environmental Protection Agency - the NPDES permit may be required if the construction activities exceed five acres, and a dredge and fill permit is required from the Corps of Engineers. Jay Marder, Director of Engineering & Planning, reported funding could be acquired from the Seminole County Mitigation Strategy. The project could be incorporated into the budget at the State, Regional, or Federal level, and Staff is draffing letters to the Legislative Delegation. It would be appropriate to work with lobbying consultants to have the project considered at the State level. City Manager VanDerworp said there is money in the budget for the smaller repairs, however, money has not been designated for larger repairs. The City Commission had no disagreement with the consultant's recommendations. American Heritage River Program. City Manager VanDerworp reported information was provided in the Agenda regarding nominations for the Middle St. Johns River Advisory Committee. The Lake Monroe Seawall replacement is identified as the City' s most important project. Mayor Dale said he anticipates receipt of a letter regarding serving on the Steering Committee for the Middle St. Johns River. Discussion rel~arding 'health and dental insurance renewal. Joe Denaro, Human Resources Director, reported there were three proposals which met the City's criteria for g-718672 MINUTES City Commission, Sanford, Florida 3:30 P.bl. I~/ORK SP. SSTON AUGUST 9 55 19 99 fully insured coverages, and one self-funded proposal. The Prudential proposal represents a 20% increase for the HMO benefit and a 40% increase for Point of Service benefits. [Mayor Dale left the meeting.] Prudential and Central Florida Regional Hospital are still at an impasse. The committee also reviewed the financial impact that a four-tier rate structure would have on the City's employees. While there would be no additional cost to the City under this arrangement, there is an advantage to approximately 30% of the employees who have family or dependent coverages. This arrangement would allow the employee more flexibility in choosing benefit coverage. For example, an employee with either children or spouse could realize a significant premium saving with the City offering a four-tier arrangement while the employee with family realizes only a minor increase in the biweekly premium compared to the two-tiered arrangement. The City's Staff, through its Insurance Broker, Gene Gizzi, attempted to split the business between Aetna and Prudential, offering Aetna and Prudential plans side by side to the employee, allowing the employee a choice between the two plan agreements. Unfortunately, Aetna' s underwriters were not willing to split the business. Employees on the P.O.S. plan can use CFRH on a 70-30 co-pay basis. The savings to the City by renewing with Prudential is considerably significant. [Mayor Dale returned.] Commissioner Eckstein said the 20% increase per employee plus the salary increase to adjust pay impacts the bottom line and future expenditures. He said if there continues to be a double digit increase in insurance, the employee will have to pay a portion of the coverage. Insurance coverage is an employee benefit and the City can't afford to increase salaries and pay a hundred percent of the health insurance. Additionally, there should be a Commissioner on the insurance committee. After discussion, the Commission appointed Commissioner Eckstein as the Commission's representative on the insurance review committee. The Committee is to meet and consider ways to decrease the City's cost to provide health insurance to employees, specifically co-insurance and higher co-pays. Board appointments. This item was not discussed. Rel~ular Al~enda items, Add-on items. and other items. These items were not discussed. City Mana~/er's briefing:. A. Marina Improvements. This item was not discussed. There being no further business, the meeting was adjoumed. Attest: cp 56' E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING AUGUST 9 19-- 99 The City Commission of the City of Sanford, Florida met in Regular Meeting on August 9, 1999, at 7:00 o'clock P.M. in the City Commission Room, City Hail, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Daie Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Brady Lessard Commissioner A. A. McClanahan City Attorney William L. Colbert City Manager Tony VanDerworp City Clerk Janet R. Dougherty The Chairman called the meeting to order. Announcement. Mayor Daie announced that the Citizens Advisory Board will meet on Wednesday, August 11, 1999 at 7:00 P.M. in the City Commission Conference Room. Citizen participation. Doreen Freeman, 705 Mellonville Avenue, asked for clarification regarding the seawall repair/replacement cost and how the proposed conference center will affect the seawail repairs. Mayor Daie reported that conference center funding includes seawail repair funds. Jacqueline Simms, 57 Lake Monroe Terrace, read a statement regarding who the Sanford Housing Authority is accountable to in the planning process for the HOPE VI application. Jean Metts, Lake Monroe, Florida, asked if this was the time to speak regarding Ordinance No. 3502. Mayor Daie said the item was on the Agenda and there would be opportunity to speak at that time. Joe Young 1321 Shepherd Avenue, reported the ditch by his house was recently cleaned and someone is using it as a dumping ground. He said "no dumping' signs need to be posted. On the weekends there are cars parked overnight near his fence. He said "no parking" signs need to be posted. City Manager VanDerworp is to handle the situation. Approval of minutes. Commissioner McClanahan moved to approve the minutes of the July 26, 1999 Regular Meeting. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Public hearine to consider second reading and adoption of Ordinance No. 3497 to rezone 1.2+ acres of property between West SR 46 and Coastline Road and between Central Park Drive and South White Cedar Road (:3791 West 1st Street), from AG, Agricultural, to PD, Planned Development Leo C. Trepanier, Trustee; John Y. Mercer, agent. Ad published July 29,1999. Ordinance No. 3497 was read by title. Mayor Daie reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3497. No one appeared. On recommendation of the City Manager, Commissioner Lessard moved to adopt Ordinance No. 3497, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO CHANGE THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN STATE ROAD 46 AND COASTLINE ROAD AND BETWEEN CENTRAL PARK DRIVE AND S. WHITE CEDAR ROAD, FROM AG, AGRICULTURAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR CITY COMMISSION CITY OF SANFORD, FLORIDA PUBLIC HEARING IN RE: APPEAL FROM THE DECISION OF THE PLANNING AND ZONING COMMISSION TO REQUIRE THE DEVELOPER TO STABILIZE 350 FEET OF ROLLING HILLS BOULEVARD BEYOND THE LOGAN HEIGHTS PROJECT ENTRANCE RE 700 EAST LAKE MARY BOULEVARD, SANFORD, FLORIDA. The City Commission based on the clear and convincing evidence contained in the record before the Planning and Zoning Commission on July 15, 1999, makes the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and enters the following ORDER: FINDINGS OF FACT (1) That the property located at 700 East Lake Mary Boulevard, Sanford, Florida, is currently undeveloped and has received Site Plan Approval from the Planning and Zoning Commission on July 15, 1999. (2) That the Site Plan Approval included the requirement that the developer permit (including mitigation) and provide a stabilized base for the new Rolling Hills Boulevard to the northern edge of the wetlands in the proposed right of way or approximately 350 feet north of the currently proposed paved entrance to this project as shown on the Composite Site Plan for Logan Heights dated April, 1999. (3) That the requirement for the developer of Logan Heights to stabilize 350 feet of Rolling Hills Boulevard beyond the Logan Heights project entrance was required to offset the city's additional costs in building the realignedAmericana Boulevard on significantly more wetlands and within the 100-year flood plan. (4) That the developer of the property further to the north of the Logan Heights property would usually be required to open and stabilize Rolling Hills Boulevard beyond the Logan Heights entrance to provide access to his property at the time it is developed. CONCLUSIONS OF LAW (1) This commission finds that there is no basis in the City of Sanford Land Development Regulations for the requirement for the developer of Logan Heights to stabilize 350 feet of Rolling Hills Boulevard beyond the Logan Heights project entrance and that this requirement would adversely affect the health, safety and welfare providing inappropriate access to undeveloped of the public by lands. ORDER THEREFORE, IT IS ORDERED that the request for Site Plan Approval of Logan Appellant/Applicant's Heights without the requirement to stabilize 350 feet of Rolling Hills Boulevard beyond the Logan Heights project entrance is granted and the decision of the Planning and Zoning Commission of July 15, modified accordingly. DONE AND ORDERED this 9th day of August, Attest 1999 is hereby 1999. fMayor Larry A. Dale I HEREBY CERTIFY that a true copy of the foregoing has been furnished by U.S. Mail to James H. McNeil, Jr., Holland & Knight, LLP, P. O. Box 1526, Orlando, Florida 32802-1526, this ~/~ day of August, 1999. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING AUGUST 1999 SEVEKABH,ITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Public hearing to consider second reading and adoption of Ordinance No. 3498 to rezone 5.95± acres of the property lying between Airport Boulevard East and Lake Mary Boulevard East and between Central Florida Greeneway and U.S. Hwy. 1%92 (700 East Lake Mary Boulevard) from MR-2 (Multiple Family Residential) to MR-3 (Multiple Family Residential). Huntington Properties and Investments, Inc., owner; Vestcor Fund XI, Ltd., applicant; James McNeil, Attorney, Holland & Knight LLP, agent. Ad published July 29, 1999. Ordinance No. 3498 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3498. No one appeared. On recommendation of the City Manager, Commissioner Williams moved to adopt Ordinance No. 3498, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN AIRPORT BOULEVARD EAST AND LAKE MARY BOULEVARD EAST AND BETWEEN CENTRAL FLORIDA GREENEWAY AND U.S. 17- 92, FROM MR-2, MULTIPLE FAMII ,Y RESIDENTIAL, TO MR-3, MULTIPLE FAMILY RESIDENTIAL; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner McClanahan and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Nay Commissioner McClanahan Aye Public hearing to consider appeal of decision by the Planninl~ & Zonin~ Commission regarding Logan Heights Apartments Site Plan Approval, Item 3, requiring the developer to stabilize 350' of Rolling Hills Boulevard beyond the Logan Heights Project entrance. Huntington Properties and Investments, Inc., owner; Vestcot Fund XI, Ltd., applicant; James McNeil, Attorney, Holland & Knight LLP, agent. Applicant notified July 28, 1999; ad published July 30, 1999; property posted August 4, 1999. City Manager VanDerworp reported that Staff recommended that certain easements and agreements be executed as a part of the request to vacate easements/fights-of-way on the property. There was a request for stabilization of a portion of Rolling Hills Boulevard, however, after review of the site and consideration of safety concerns and the impact of the development, the City Manager recommended that the 350' be dedicated as a roadway, but that it not be stabilized at this time. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, the appeal of the decision by the Planning & Zoning Commission requiring the developer to stabilize 350' of Rolling Hills Boulevard beyond the Logan Heights Project entrance. No one appeared. On recommendation of the City Manager, Commissioner Lessard moved to reverse the Planning & Zoning's requirement and to grant the appeal. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye 58 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING AUGUST 9 19 99 Commissioner Williams Aye " Commissioner Lessard Aye Commissioner McClanahan Aye Public heafine to consider second teadial/and adoption of Ordinance No. 3500 to vacate easements/fights-of-way on the property between Airport Boulevard East and Lake Mary Boulevard East and between Central Florida Greeneway and U.S. ltwy. 17-92, including Americana Boulevard. Rolling ltffis Boulevard and any and all other easements/fights- of-way !yinE within their property. Huntington Properties and Investments, Inc., owner; Vestcor Fund XI, Ltd., applicant; James McNeil, Attorney, Holland & Knight LLP, agent. Ad published July 29, 1999. Mayor Dale reported that the City Manager and Staff recommend adoption, subject to approval of the Logan Heights Agreement. City Manager VanDerworp reported the City had a roadway easement located where the project is proposed and water and sewer lines which do not follow those easements are throughout the property. This is an opportunity to clean up the area and maintain a roadway easement throughout the project, so vacation of the roadway easements are being substituted through the Logan Heights Agreement with rights-of-way for Rolling Hills Boulevard and Americana Boulevard. An amended agreement provided to the Commission at tonight's meeting incorporates Exhibits '~" and '~"; Exhibits "A" through '~" are attached to the agreement. Bob Walter, City Engineer, summarized the amendments to the agreement as follows: 1 .) page 1, Item H, last sentence, defining the City's Land Development Regulations as being a term in the document; 2.) page 4, Item 5.a, Utilities, the first sentence has been re-worded to make the relocation of the existing sewer force main definition clearer; 3.) page 5.a, Utilities, regarding reimbursement; 4.) page 5.b., Utilities, the first sentence redefines the water main running through the existing property; 5.) page 5.b., Utilities, regarding reimbursement; 6.) page 6, 5.d., Utilities, new paragraph regarding inspections and submitting required documentation for all work completed; 7.) various grammatical and typographical errors. Mayor Dale said Exhibit '~i" is a 50' utility easement for the force main, and Exhibit 'a:" appears to be an easement which runs parallel to Lake Mary Boulevard. He clarified that the easement in Exhibit '~" is the same as Exhibit '~i", described as the Sanford exclusive City services easement area. Exhibit "A" and '~3" should both have Exhibit '~i" in them. Mr. Walter said it is defined as the term, the City exclusive services easement, and in another paragraph there is a second easement defined. Mayor Dale said the property in question is a tri-lateral between Kimco, Wal-Mart, Mr. Veel, Vestcor, and the City. He said it is his understanding that the exact location of the easement may not have been worked out yet, and recommended during discussion this afternoon with all the parties involved that the City approve the Agreement, subject to an easement that is mutually acceptable to all the parities involved, rather than tying it to a specific easement with a legal description attached. The utility lines will be placed in a twenty-foot maintenance berm that is part of a retention pond and the pond may meander and may not require a fifty-foot utility easement. : Jim McNeil, Attorney, Holland & Knight, representing Vestmr, reported there is a question outstanding regarding the width of the easement and what is actually needed to sendee the adjacent Wal-Mart parcel, however, he did not have a problem with the City approving the Agreement subject to an easement that is mutually acceptable to the parties involved. He said he would like to have the easement in that area and work on other solutions, because the engineering approvals for the fifty- foot area have already been submitted. If it is a matter of narrowing the area, it would be a better solution. Vestcor is prepared to keep the easement as wide as fifty feet if necessary. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING AUGUST 9 Patrick Monihan, Engineer, Vestmr Construction, Jacksonville, Florida, reported the purpose of the fifty-foot easement is to build the berm for the Wal-Mart parcel which will be built from the toe slope to the top of the bank, allowing a twenty-foot berm for the utilities. Mayor Dale said in order for the City to maintain the utility lines it would be necessary for the utilities to be located in the twenty-foot maintenance herre. He said Attorney Colbert could add verbiage to the Agreement stating the easement will be reduced to that portion of a constructed berm for the retention pond to the portion that will be the twenty-foot maintenance berm. Attorney Colbert said it could be done by working on the Exhibit containing the legal description. Attomey Colbert said he and Mr. McNeil had a discussion prior to the meeting and he understood that he would be recei~ the actual easements this evening. Mr. McNeil said he had the easement document with him and that Mr. Veel was present so it can be executed and provided this evening. Mr. Colbert said that final action on the ordinance which vacates existing easements should not be taken until he has the easements to be recorded which would give the City a legal way to place utilities. A woman representing Vestcor said that a twenty-foot easement or that which may be mutually acceptable could be agreed to because Vesctor can do all they need to do and the City's objectives will be accomplished, and narrowing the easement from fifty feet to twenty feet will allow the engineers for Wal-Mart to accommodate what they need to accomplish. Mr. Colbert said if the ordinance is adopted tonight, the existing easements are vacated and it can't be done contingently. If the easements can be delivered to be held in escrow which is provided for in the Agreement, paragraph C on page 5, and if the Commission chooses to say that one of those easements will be twenty feet in width located within that fifty-foot description and that can be worked out later in the week, that is not an issue. He said he doesn't want final action taken to vacate the easements and not have easements that can be recorded for the City's utilities. Mayor Dale said verbiage should be added to the Agreement that the easement will be reduced to the twenty feet that consists of the top of the berm to be constructed by Vestcor, prior to the installation of the utilities. Mr. Colbert said the modification could be included in paragraph C at the top of page 6... to be reduced to twenty feet to the top of the berm. Mr. Colbert asked Mr. McNeil if the owner of the property has signed the easements and are they ready to be delivered. Mr. McNeil brought to Mr. Colbert the two easements for the water and sewer lines crossing the property. Mr. McNeil said he needed to obtain the signature of the owner, Mr. Veel, and that he was present to sign. He proceeded to obtain the signature. In the interim he requested that the Agreement verbiage in 5.a. be more specific and state, "Developer shall relocate said force main to the south side of Lake Mary Boulevard then to the existing force main located at the former Rolling Hills Boulevard easement." He also noted two grammatical errors. He said there were a few joinders to be signed by Mr. Saboti, Mr. Veel's lender on the property, and they were being obtained in the interim. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3500. No one appeared. Mr. Colbert said that while awaiting the signatures on the easement documents, the Ordinance could be read by title, the Commission could continue with the Agenda, and return to this item. Ordinance No. 3500 was read by title, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& CLOSING, VACATING, AND ABANDONING ANY RIGHT OF THE CITY AND THE PUBLIC IN AND TO EASEMENTS/RIGHT-OF-WAY LYING BETWEEN AIRPORT BOULEVARD EAST AND LAKE MARY BOULEVARD EAST AND BETWEEN THE CENTRAL FLORIDA GREENEWAY AND U.S. HWY. 17-92, INCLUDING AMERICANA BOULEVARD, ROLLING HILLS BOULEVARD AND ANY AND ALL OTHER EASEMENTS/RIGHTS-OF- WAY LYING WITHIN THE AFORESAID PROPERTY IN THE CITY OF SANFORD, 1999 60 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING AUGUST 9 19-- 99 FLORIDA; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to3 Ordinance No. 3500. No one appeared. He said that while the signatures were being obtained, the Commission would proceed with the Agenda and return to this item. Public hearing to consider second reading and adoption of Ordinance No. 3499 to rezone 42.84- acres of property between Smith Canal Road and Coastline Road extended westerly and between Upsala Road and Rinehart Road (1150 Upsala Road), from AG(Agricultural) to PD (Planned Devdopment). Jeno F. Paulueci, owner; Bowyet-Singleton & Associates, Inc. (Judy Stewart), applicant. Ad published July 29, 1999. Ordinance No. 3499 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3499. No one appeared. On recommendation of the City Manager, Commissioner Lessard moved to adopt Ordinance No. 3499, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3 117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO CHANGE THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN SMITH CANAL ROAD AND COASTLINE ROAD EXTENDED WESTERLY AND BETWEEN UPSALA ROAD AND RINEHART ROAD, FROM AG, AGRICULTURAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner McClanahan and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye PubLic hearing to consider second reading and adoption of Ordinance No. 3501 to vacate a portion of an easement lying between Hidden Lake Subdivision and Lake Mary Boulevard West and between Groveview Subdivision and Art Lane, on Lot 18, Sterling Woods. Maronda Homes, Inc. of Florida, owner. Ad published July 29, 1999. Mayor Dale reported he will abstain from taking part in the discussion and from voting because he was the Developer of record, and will file a Conflict of Interest Form with the City Clerk. Ordinance No. 3501 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3501. No one appeared. On recommendation of the City Manager, Commissioner Williams moved to adopt Ordinance No. 3501, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF A 5' UTILITY EASEMENT LYING BETWEEN HIDDEN LAKE SUBDIVISION AND LAKE MARY BOULEVARD WEST AND BETWEEN GROVEVIEW SUBDIVISION AND ART LANE IN THE CITY OF SANFORD, FLORIDA; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Abstained Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Public hearing and first reading of Ordinance No. 3502 to amend Land Development Regulations related to Public Benefit Social Service Facilities and Temporary/Day Labor Services. Ad published August 1, 1999. Ordinance No. 3502 was read by title. City Manager VanDerworp reported direction had been given to update FORM 8B. MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS COUNTY- ' SeHl~ole NAME OF BOARD. COUNCIL COMMISSION, AUTHORITY. OR COMMITTEE · I'HE BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTE WHICH I SERVE IS A UNIT OF: ;.,XCI'FY : ! <:OUNTY : ] OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: CiEy of Sanford, Florida MY POSITION IS: ~ ELECTIVE i ,~_ APPOINTIVE LAST NAME--FIRST NAIvlE--MIDDLE NAME DAr.F:, LARRY A. MAILING ADDRESS P. O. Box 1788 CITY Sanford FL 32772-1788 DATE ON WHICH VC/I'E OCCURRED August 9, 1999 WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government .on an appointed or elected board, council, commission, authority, or Committee. It applies equally to members of advisory and non-advisory bodies who .are presented with a voting conflict of interest under Section 112.3143; Florida Statutes. The requiremenu of this law are mandato.ry; although the use of this particular form is not required by laW, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which-you have a conflict of interest will ~'ary gre~/tiy'depending on whether you hold an elective or appointive position. For this reason, please pay close a/ten/ion to the instructions on this form before completing-the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTI6N 112;3143, FLORIDA' STATUTES ELECTED OFFICERS: . A person holding. elective county, municipal, or other. localpublic office MUST ABSTAIN from voting on a measure which .inures to his speciakprivate gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a prihcipal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording. the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive c~'Un~y, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures t6 his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of 'a principal (other than a government agency) by whoIn he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: :" · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE' DECISION. EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the. measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form i.n the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Larry A. Dale , hereby disclose that on Au~past 9 (a) A measure came or will come before my agency which (check one) ., X inured to my special private gain; or .. inured fo the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: , 19 99 : · by whom I am retained. Measure: My interest: Second reading of Ordinance No. 3501 to vacate a portion of an easement lying between Hidden !Lake Subdivision and Lake 'Mary Boulevard West and between Groveview Subdivision and Art Lane, on Lot 18, Sterling Woods. I am-the developer for The Matzel'Organization, Inc., owner of ehe Sterling Woods Subdivision. August 10, 1999 Date Fhed i lure -.-. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIREI DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION It SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. ~718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING AUGUST 9 61 19.99 the zoning and building codes throughout the City, with respect to development and redevelopment. The basis of the proposed change is to support various policies in the Comprehensive Plan and to support other strategic planning efforts. Schedule B, Permitted Uses, is the main topic of the change and definitions have been added for Public Benefit Social Service Facilities, Temporary/Day Labor Services, and a table was worked regarding permitted and conditional uses for Day Care Facilities, Residential Care Facility, Non-commercial Amusement Facility, Outdoor, Church, Retail Sales and Service - Outdoor Display, and New Merchandise, and other uses. Since many of these uses would be conditional uses, Compatibility Standards for Public Benefit Social Service Facilities have been added to Section 14.0. The Planning and Zoning Commission unanimously recommended approval of Ordinance No. 3502 at their meeting last Wednesday. Jay Marder, Director of Engineering & Planning, reported that Schedule B - Permitted Uses includes conditional use in the SC-3 zone. The Public Benefit Social Service Facility is the one that is most important and is a conditional use in all the zoning districts including MR-2, MR-3, RMOI, RC-1, GC-2, SC-3, and Planned Development, and is the last item on B - 1 of the Schedule B - Permitted Uses Matrix. The Temporary/Day Labor Services is on B - 2 of the Schedule B - Permitted Uses Matrix. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3502. The following individuals appeared and spoke: Jean Metts reported that the population of the City of Sanford is 32,387 and of those there are 20,513 living below the poverty level. After reviewing the Ordinance, it seems it will be difficult to get any Public Benefit Social Service approved, depending on the political leanings of the City Commission in the future. She said that today her organization had thirty-seven families come through asking for food help between the hours of 10:00 A.M. and 12:00 P.M. There are many needy people and she feels the Ordinance is designed to protect the historic district, however, the majority of the people of Sanford do not live in the historic district and they all need help. With the transportation problems there needs to be social service agencies where people can reach them and they should not be placed in a difficult area out of everyone' s back yard. Arthur Harris, 1108 Grove Manor Drive, asked if the Zoning Commission took into account the various State laws regarding the restrictions on group homes in any part of the City. He said he is concemed about the wording used regarding Social Service Facilities. He said that he serves on the Health and Human Service Board which oversees part of the work with children and families. The Board is presently looking for foster homes and group homes to place approximately eight hundred children. He asked the Commission to not pass the Ordinance. Mayor Dale clarified that the Ordinance excludes Public Benefit Social Service Facilities from the following definitions: Community Residential Home, Residential Care Facilities, Drive-in Restaurant, and Restaurant. It is noted that small Community Residential Care Facilities up to six, regardless of variety, are allowed in all zones and have been for many years, pursuant to Florida Statutes. David Kelly, 321 Magnolia Avenue, congratulated the Commission on drafting the ordinance and said it is desperately needed. He said the ordinance will help the Planning & Zoning Commission and the City Commission approve or deny requests for day labor facilities and soup kitchens. Mike Padgett, 1820 S. Park Avenue, reiterated what was said by Mr. Kelly and said he supports the ordinance. Linda Kuhn, 313 Palmetto Avenue, said she was awakened at 3:00 in the morning by a friend who was at the 7-11 on 17-92 and noticed someone with a shopping cart containing her rocking chair. She said she was warned to not place anything on her porch that had sentimental value, however, she said she refused to be controlled by the criminals in this City. MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING AUGUST 9 19-- 99 She said the shopping cart not only contained her rocldng chair, but bread and canned goods obtained from Seminole Volunteer Enterprises. She said the thief wasn't stealing from her because he was hungry, but because he was a criminal. She acknowledged that not all individuals who receive assistance from Seminole Volunteer Enterprises are thieves and that she is not opposed to helping people on a temporary basis. She said she is opposed to opening a soup kitchen or a temporary labor force in an area that already has a large transient population of citizens that are not law abiding, tax paying, nor contributing. She said the Uptown Care would only perpetuate an ongoing and growing problem existing in Sanford. The decisions regarding all agendized zoning issues should be based on good planning and zoning guidelines and compatibility, not emotionalism. Virginia Huber said she asked the Commission a year ago to do this thing and asked them to please do it tonight. She said if Ms. Metts needs her place that she should put it on a bus stop, somewhere where everybody who doesn't have a car can get there. Art Harris said a person doesn't have to live in the historic district to have someone break into a house or steal something. There have been several homes in his neighborhood that have had thefts. It shouldn't be said that because someone gets food downtown that it causes all the lawlessness in Sanford. In response to Mayor Dale's question whether or not the ordinance will affect the existing application of Ms. Metts, City Man~er VanDerworp said adoption of the zoning regulations is not retroactive, so it applies to all permits and land use decisions after the adoption of the ordinance. In February 1998 Ms. Metts started pulling remodeling permits. In March 1999 there were various inspections and site plans. From a use standpoint, the ordinance would not affect her, and that site plan issues such as parking are being dealt with at this time. Mayor Dale clarified some of the comments that were made and said this ordinance is not retroactive and cannot affect things for which an application has been filed. The ordinance would not affect Ms. Metts' zoning classification. Commissioner McClanahan said he thinks it's ludicrous that an ordinance has been drafted that will affect the entire City because there is a segment of people who are upset over a facility that isn't really impacting any areas. Ms. Metts' place is in an industrial area that has been industrial for the last forty-eight years. Mayor Dale said the interest in changing the zoning was prompted over a year ago because a temporary/day labor facility came to downtown. It was not Ms. Metts' facility that brought it to the forefront. Commissioner Lessard said the Planning & Zoning Commission unanimously recommended approval of the ordinance. It was discussed long ago that zoning in every area of the City would be reviewed beginning with the SC-3 zone. The ordinance insulates a primarily residential and small commercial neighborhood and the City cannot afford to jeopardize a residential community with incompatible uses. The ordinance is good, sound planning and sets a guideline that is long overdue. Doreen Freeman, 705 Mellonville Avenue, said she is not aware of any house that is within forty feet of Ms. Metts' place. She said if there is going to be an exception made for the historic district, then it needs to be done for all the other areas. She said there is a need for social services in all areas of the City. Mayor Dale clarified that the ordinance affects every zoning category in the City, not just SC-3. Social Service Facilities require a conditional use and require that the Planning & Zoning Commission and the City Commission review and address the issue, so they will be allowed in every zoning category in the City. The ordinance does not prohibit and deny these uses in the City. Marveen Kelly said she supports the ordinance and that it is good for the City futuristically. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. Rt~GULAR M~.~.TTNG AUGLIST 9 63 19. 99 Commissioner Williams said that Sanford has several pockets of poverty and that the City needs to be realistic about that and embrace the idea of meeting the needs of those persons. There needs to be a plan regarding social services and where those facilities should be located. She stated that the ordinance delineates all the restrictions where social service programs cannot be located. She asked if there are any delineations that designate geographical locations where social service programs can be located. Mayor Dale said that Social Service Facilities are allowed in all zoning categories on a conditional basis and there are several things that have to be considered such as infrastructure, compatibility, and traffic. After discussion, Commissioner Lessard moved on the first reading of Ordinance No. 3502, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLOKIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY, SAID ORDINANCE BEING THE LAND DEVELOPMENT REGULATIONS; SAID AMENDMENTS INCLUDE AMENDING SCHEDULE A, LAND USE DEFINITIONS BY PROVIDING FOR DEFINITIONS OF PUBLIC BENEFIT SOCIAL SERVICE FACILITY AND TEMPORARY/DAY LABOR SERVICES; AMENDING SCHEDULE B, PERMITTED USES BY PROVIDING CLASSIFICATION FOR PUBLIC BENEFIT SOCIAL SERVICE FACILITY AND TEMPORARY/DAY LABOR SERVICES; AND AMENDING SCHEDULE E, ADDITIONAL REQUIREMENTS AND PROVISIONS FOR SPECIFIC USES BY ADDING SECTION 14.0 - COMPATIBILITY STANDARDS FOR PUBLIC BENEFIT SOCIAL SERVICE FACILITY. Mayor Dale passed the gavel to Vice-Mayor Eckstein and seconded the motion. Commissioner Eckstein said an entire work session should be devoted to discussing the ordinance. He said that he worked in the historic district for ten years with the Catholic church and has been attending the same church for forty years. He said if he votes for the ordinance he would violate everything he believes in and has been taught by the church. He said the ordinance is mean spirited and he is voting against it unless it is looked at more carefully and discussed in a work session that Sanford is more of a friendly, kind, feeding each other type of City where it' s in everybody' s benefit. He said he would vote for the ordinance if there is a better dialogue and a more pleasant attitude. After discussion, Commissioner Lessard withdrew his motion and Mayor Dale withdrew his second. Commissioner McClanahan moved to table Ordinance No. 3502 to a work session. Seconded by Commissioner Willjams. Vice-Mayor-Commissioner Eckstein passed the gavel back to Mayor Dale. The motion was carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Continuance of Public hearing to consider second reading of Ordinance No. 3500 to vacate easements/rights-of-way on the property between Airport Boulevard East and Lake Mary Boulevard East and between Central Florida Greeneway and U.S. Hwy. 17-92, including Americana Boulevard, Rolling Hills Boulevard and any and all other easements/rights- of-way lyine within their property. Attorney Colbert said Mr. McNeil provided the executed easements which are called for in the Logan Heights Agreement. The appropriate action to be taken is to approve the Logan Heights Agreement, subject to the comments regarding scriveners errors which appeared on page 5 of the agreement, and at the top of page 6 of the agreement language is to be included to reduce the fitS-foot easement to the twenty-foot top of the berrn with the berm to be constructed by the developer prior to the installation of utility lines. Once the Agreement is approved, Ordinance No. 3500 can be approved on second 64¸, MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING AUGUST 9 reading. Commissioner Eckstein moved to approve the Logan Heights Agreement, as amended. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Commissioner Williams moved to adopt Ordinance No. 3500. Seconded by Commissioner Eckstein and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye. Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Mr. McNeil commented that the easement referred to by Mr. Colbert as Exhibit "F" on page 6 is actually Exhibit '~i" on the previous page. Mr. Colbert said that is correct. Condemnation Status Report. On recommendation of Charles Rowe, Director of Community Development, Commissioner Eckstein moved to authorize a thirty-day extension for Condemnation Report No. 98-16, 218 W. 12th Street/Ill9 Myrtle Avenue and Condemnation Report 98-23, 105 Scott Drive. Seconded by Commissioner Williams and carded by vote of the Commission Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye as follows: Wyman Fields Foundation - Preliminary Concept Plan of The Hamlet. Mayor Dale reported this item was withdrawn from the Agenda at the request of the Applicant and will be on the next Agenda. City Manager VanDerworp reported it may take longer than two weeks to revise the plan and would coordinate with the Applicant how long it will take. Mayor Dale said this item would be placed on the Agenda at the appropriate time. Terminate lease and authorize demolition of the Jaycees Building, storage and small office structures in Jaycees Park. On recommendation of the City Manager, Commissioner McClanahan moved to terminate the lease and authorize demolition of the Jaycees Building, storage and small office structures in Jaytees Park. Seconded by Commissioner Eckstein and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Board appointments/reappointments. Code Enforcement Board. The City Clerk reported that Mary Dale Jones resigned effective July 21, 1999. Also, there are two alternate member vacancies. No action was taken on this Board. 19-- 99 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING AUGUST 9 65 1999 Waterfront Master Han Steering Committee. The City Clerk reported that the term of Reginald Lowcry expires August 25, 1999 and that Staff has been unable to contact him. No action was taken on this Board. Consent Agenda. City Manager recommended approval of Consent Agenda Item 3, the design and construction of the boat dock replacements at the Marina, at that price, subject to the City' s standard contract form. On recommendation of the City Manager, Commissioner Eckstein moved as follows: Approve agreement with Glace & Radcliffe, Inc. for professional engineering services for the Art Lane closure for the lump sum of $92,309., for proposed phases I and II, and for additional services at the rates specified on hourly rate sheet, plus expenses. Waive permit and application fees for City funded departmental projects. Approve agreement with Wharton Smith, Inc. for professional engineering services for design and construction of the boat dock replacements at an estimated cost of $48,730., subject to the City's standard contract form, and authorize direct purchase of dock materials from Gator Dock & Marine for $37,000. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Add-on items. There were no Add-on items. Information only. Kurtz driveway complaint. Jerry Herman, Director of Public Works, reported that several months ago Mr. Kurtz approached the Commission regarding a problem with his driveway, claiming the asphalt overlay project for Grovewood Avenue raised the elevation of the roadway which caused his car to scrape the road as he entered or left his driveway. A temporary asphalt patch was done and does work. Mr. Kurtz has made comments regarding the asphalt repair not being attractive. Mr. Herman asked if the Commission wanted to take further action regarding the driveway. No action was taken by the Commission on this item. City Attorney's Report. 1. Fort Mellon Park/Comprehensive Plan Amendment Appeal. The Court declined to grant our Motion in Limine as presented but agreed to review those items on an item by item basis at the hearing September 8. Late this afternoon the court granted our Motion to Compel Discovery; if we do not receive their list of witnesses among other things before August 23, the Court says they cannot use expert witnesses in the trial if they do not disclose them before that time. We are meeting with our expert witnesses this week. Mayor Dale reported he talked to DCA and the DCA will be providing an expert witness at this hearing. 2. Mayfair Golf Course. The litigation continues, is in a discovery phase, and he expects the trial to begin in the fall, probably shortly after the Fort Mellon Park/Comprehensive Plan Amendment Appeal. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING AUGUST 9 Ridgewood Villas. The Court held a hearing and dissolved the Injunction. He reported the Court would not have dissolved it if not for Ms. Reischmann's efforts and attention to detail. City Clerk's Report. No report. City Manaeer's Report. City Manager VanDerworp passed around photos of storm damage at City Hall and at the marina. City Commissioners' Reports. Commissioner Eckstein reported there are Code Enforcement Board cases in which the City spends a lot of money to enforce the codes and then the Code Enforcement Board waives the fines; the City Commission cannot take any action regarding Code Enforcement Board fines; and requested that Staff look into this. Commissioner Williams - No report. Commissioner Lessard - No report. Commissioner McClanahan recommended the Commission provide the Code Enforcement Division enough people to dean up the City, and requested the City do a one-time dean up of the City, and the Commission concurred. Mayor Dale - No report. There being no further business, the meeting was adjourned. 19 99 Attest: cp